Ceplin v. Bastian-Blessing Division of Golconda Corp.

In this action plaintiffs complaint alleged that defendant wrongfully refused to reemploy plaintiff following plaintiffs recovery from disability, in violation of the collective bargaining agreement existing between defendant and plaintiffs union. Defendant raised the affirmative defense of laches for failure to file a grievance pursuant to the union contract and moved for accelerated and/or summary judgment. The trial court treated the motion as one for summary judgment under GCR 1963, 117.2(3), and granted it. Plaintiff appeals and we reverse.

Defendant’s motion was supported by an affidavit…